Jussie Smollett Loses Appeal to Overturn Hoax Conviction, Likely Headed Back to Jail to Serve 150-Day Sentence
Jussie Smollett lost his fight to appeal his conviction over the 2019 hoax attack.
Dec. 1 2023, Published 1:01 p.m. ET
Jussie Smollett lost his fight to appeal his conviction over the 2019 hoax attack and is likely headed back to jail, RadarOnline.com has learned.
The ex-Empire actor discovered his fate on Friday when the three-judge panel in an Illinois appeals court voted 2-1 to uphold his 2022 conviction.
He is likely headed back to jail to serve his 150-day sentence.
Smollett, 41, is expected to return to a Chicago jail to complete his 150-day sentence — but he's no stranger to a jail cell.
The disgraced star spent a total of six days behind bars in Cook County Jail following his conviction. He was released as he battled to get his sentence overturned.
Despite the decision, he's not out of options.
Smollett's representative told RadarOnline.com his legal team plans to appeal the decision to the Illinois Supreme Court.
"We wish to highlight that the decision was divided, with Justice Lyle offering a detailed analysis in favor of Smollett. We are preparing to escalate this matter to the Supreme Court, armed with a substantial body of evidence," the rep said.
He already served six days behind bars but was released while fighting his conviction.
As this outlet reported, Smollett was found guilty of faking a racist and homophobic attack in 2021, claiming the alleged assault took place in February 2019. The actor told police that two male Trump supporters assaulted him and put a noose around his neck.
It was later discovered the Osundairo brothers, whom Smollett knew, were the men behind the attack. They testified against the Hollywood star, claiming he hired them and was the brains behind the alleged hoax.
The 'Empire' star's attorneys argued the conviction violated his Fifth Amendment rights against double jeopardy.
Smollett was initially charged in a 16-count indictment in March 2019, but he reached a deal to drop his charges in exchange for community service and a $10k bond.
Kim Foxx was later appointed a special prosecutor to the case and decided he needed to be recharged for his crimes — but his attorneys argued the conviction violated his Fifth Amendment rights against double jeopardy, which is a legal term that protects a person from being punished for the same crime twice.
Jussie Smollett entered rehab while appealing his case.
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Amid his appeal, Smollett entered rehab. A rep from the disgraced actor's camp confirmed he was receiving treatment in an outpatient program in October.
"Jussie has had an extremely difficult past few years," the rep stated. "He has quietly been working very hard for some time now and we are proud of him for taking these necessary steps."
He also tried to revamp his career. Smollett worked on a film with Vivica A. Fox, hung out with his Empire co-star Taraji P. Henson, and even dropped new music.
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